Weagle v. Hensley

Court of Appeals of Kentucky

Weagle v. Hensley

28 Ky. 379, 5 J.J. Marsh. 379, 1831 Ky. LEXIS 44

DecidedApril 8, 1831

StatusPublished

This text of 28 Ky. 379 (Weagle v. Hensley) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weagle v. Hensley, 28 Ky. 379, 5 J.J. Marsh. 379, 1831 Ky. LEXIS 44 (Ky. Ct. App. 1831).

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Opinion

Chief Justice Robertson,

delivered the opinion of the court.

The only difference between this and the foregoing case is, that a fieri f idas had" in this case issued on the judgment, and had been replevied in the life time of the testator and husband.

Whatever effect an execution would have had at common law, in destroying too survivorship of the wife, the replevin bond being in effect a new judgment 1 ° jo [380]*380in favor of husband and wife, survived to her. Where ■ fore the judgment for costs is reversed, and that on the demurrer affirmed.

Davis, for plaintiff; Hanson, for defendant.

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Chief Justice Robertson,

delivered the opinion of the court.

The only difference between this and the foregoing case is, that a fieri f idas had" in this case issued on the judgment, and had been replevied in the life time of the testator and husband.

Whatever effect an execution would have had at common law, in destroying too survivorship of the wife, the replevin bond being in effect a new judgment 1 ° jo [380]*380in favor of husband and wife, survived to her. Where ■ fore the judgment for costs is reversed, and that on the demurrer affirmed.

Davis, for plaintiff; Hanson, for defendant.

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Bluebook (online)

28 Ky. 379, 5 J.J. Marsh. 379, 1831 Ky. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weagle-v-hensley-kyctapp-1831.